News Desk
BIFAlink
www.bifa.org
Customers presenting you with their terms or asking for STC changes
Who is joining BIFA? Newmember applications are published monthly and listed on the BIFA website, www.bifa.org . You can find details of new member applications by selecting the tab MEMBERSHIP where you will see a separate page titled MEMBERSHIP APPLICATIONS. If you wish to bring any information to our attention regarding any application, an e-mail should be sent to Robert Windsor (r.windsor@bifa.org). BIFA has a Membership Group that can evaluate any applications, where such information has been submitted. We also list on the website those companies that have ceased membership. Register at https://bifa.org/ membership/website-registration to receive the BIFA e-Newsletter detailing member applications, news and industry information.
We occasionally get enquiries from BIFA Members when their customer requests that a clause in the BIFA Standard Trading Conditions (BIFA STC) be deleted or amended. Another regular issue is the customer presenting the forwarder with its own terms. Remember that you are the service provider, and it is your STC that will be paramount and need to be embodied into any contract. However tempting it might be to agree to customer demands in order to secure an apparently lucrative contract, there are many fundamental defences in the STC that are indispensable. This is not to say that the BIFA STC cannot be extended. In such circumstances, however, always consult your liability insurer and a solicitor with appropriate transport-related experience. The BIFA STC cannot be changed to suit individual Member contracts as they would not then be standard. It is a strength of the STC that a customer using a BIFA Member knows that the trading conditions are common across the industry. If a customer has requirements that your liability insurer is comfortable with, then you should negotiate a separate logistics contract with the BIFA STC at the
heart of it. You can find guidance at bifa.org under the INFORMATION tab. Look for the GOOD PRACTICE TOOLBOX tab where you will find guidance on drafting a logistics contract. There are many other guides such as agency agreements, Incoterms or dealing with personal effects. Lastly, beware of customers varying the contract in ways that are not obvious. You might send an e-mail quotation stating the BIFA STC apply and the customer responds accepting your quote, but within the acceptance there could be wording that in effect sets aside a particular clause. If you do not challenge such a variation then it can count as an amendment in law.
INDEPENDENT CUSTOMS CLEARANCE SPECIALIST
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Call Nigel to discuss your requirements on sales@universalcustomsclearance.co.uk +44 (0)1304 801087
By air – Warsaw Convention (17 SDR): £17.96 per kg
By sea – Hague Visby rules (2 SDR): £2.11 per kg £704.37 per package
BIFA STC: (2 SDR): £2.11 per kg
By road – CMR (8.33 SDR): £8.80 per kg
(The SDR rate on 15 March 2022,
By air – Montreal Convention (22 SDR): £23.24 per kg
according to the IMF website, was 1.05655)
April 2022
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